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Marriage Registration

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Overview

Marriage, also known as matrimony or wedlock, is a culturally and legally recognized union between individuals called spouses. It establishes rights and obligations between them, their children, and their in-laws. Marriage provides an opportunity for personal growth, especially in selflessness, as one serves their spouse and children. It is more than just a physical connection; it is a spiritual and emotional union. Marriage is the process by which two individuals publicly, officially, and permanently commit to a relationship. It is the joining of two people in a bond that endures until death.

Often, the bride, groom, and their families are busy planning the venue, food menu, and other preparations, which may lead to overlooking marriage registration. While the focus is on the ceremony and celebrations, obtaining a valid marriage registration certificate is crucial for legal and official purposes in today’s world.

Importance of Marriage Registration

Marriage registration is essential to legally validate a marriage in India. It serves as an important document when applying for a passport, purchasing property, opening a bank account, or applying for a companion visa. It acts as valid proof of your legal marriage. Therefore, it is crucial to remember that getting your marriage registered is an important step to secure your future.

Eligibility of marriage registration

Every marriage solemnized in Delhi is subject to the Delhi (Compulsory Registration of Marriage) Order, 2014, irrespective of the caste, creed, or religion of the individuals involved. However, certain conditions must be fulfilled for a marriage to be registered within the National Capital Region (NCR). The following criteria make couples eligible to apply for a marriage certificate in Delhi:

  • One spouse must be a native of Delhi or have address proof within Delhi.
  • The marriage must have taken place within Delhi.
  • According to the Hindu Marriage Act, both spouses must be Hindu, Buddhist, Sikh, or Jain.
  • Neither the bride nor the groom should have a living legal spouse when applying for a second marriage.
  • Both parties must give valid consent, freely and without external force or coercion.
  • The groom must be at least 21 years old, and the bride should be at least 18 years old.

Documents required for online application:-

Age Proof of Husband (Any one of the following):

  • Birth Certificate
  • Leaving Certificate
  • SSC Exam Certificate
  • Passport
  • Civil Surgeon Certificate

Age Proof of Wife (Any one of the following):

  • Birth Certificate
  • Leaving Certificate
  • SSC Exam Certificate
  • Passport
  • Civil Surgeon Certificate

Residential Proof (Any one of the following):

  • Election Card
  • Electricity Bill
  • Registered Rent Agreement
  • Passport
  • Driving License
  • Ration Card

Marriage Proof:

  • Marriage Invitation Card
  • Marriage Photo (with 2 passport-sized photos of the husband and wife is compulsory)

Witness (2):

  • Aadhaar Card or any ID card
  • Passport-sized photo

Note: Original documents along with one Xerox copy should be carried to the registrar’s office for the visit.

Procedure for Marriage Registration under the Hindu Marriage Act

The process of marriage registration can be completed entirely online through the Delhi Government’s e-district website. After the marriage is solemnized and conducted as per Hindu customs and rituals, couples who belong to Hindu, Jain, Buddhist, or Sikh traditions may register under the Hindu Marriage Act. Sikhs may also choose to register under the Anand Marriage Act. The steps to follow for marriage registration are as follows:
Collect the list of required documents.
Draft the required affidavits in the prescribed format.
Go to the e-district website
‘Make Appointment with DM’

  • Register on the portal and select your district as per geographic jurisdiction.
  • Fill in the required details and select Registration of Marriage Certificate’.
  • Fill in the necessary information and choose the date of appointment.
  • Book an appointment for the physical appearance of both the couple and witnesses.
  • Submit the application with necessary documents.
  • You will be redirected to the acknowledgment page with details regarding the appointment date.
  • Take a printout of the acknowledgment slip.
  • Both the couple and witnesses should appear on the appointment date.
  • Collect the issued marriage certificate .

The entire process generally takes around 15 days to complete.

Marriage registration under Special Marriage Act

If either spouse belongs to a religion other than Hindu, Sikh, Jain, or Buddhist, the Special Marriage Act can be used to solemnize the wedding. This process typically takes an additional 30 days. The following steps outline the procedure:

  1. Collect all required documents.
  2. Draft the necessary affidavits in the prescribed format.
  3. Submit the completed application form along with the required documents to the marriage registrar office.
  4. Book an appointment as per the guidelines provided.
  5. On the appointed day, visit the marriage registrar office.
  6. A 30-day notice will be published in the newspaper, allowing any objections to be raised within that time frame.
  7. After 30 days, another appointment will be scheduled.
  8. Both parties must appear physically on the scheduled appointment day.
  9. Complete the document verification process.
  10. Once verified, the marriage will be officially registered.
  11. After the registration, you will receive your marriage certificate.

Marriage Registrar Offices in Delhi

Delhi has 9 marriage registrar offices based on residential address, as listed below:

  1. North Delhi – 1, Kripa Narain Marg, Delhi.
  2. East Delhi – I&F Office Complex, LM Bandh, Geeta Colony, Delhi.
  3. South Delhi – MB Road, B.D.O. Office, Near Anupam Apartments, Saket, New Delhi.
    • Tehsil Building, Mehrauli, New Delhi.
  4. West Delhi – Old Middle School Building, Rampura, Lawrence Road.
  5. Central Delhi – SDM Office, Karol Bagh-Jhandewalan, New Delhi.
  6. New Delhi – Jam Nagar House, Near India Gate, New Delhi.
  7. South-West Delhi – Old Terminal Tax Building, Kapashera, Delhi.
  8. North-East Delhi – Weaver’s Complex, Nand Nagari, Delhi.
  9. North-West Delhi – Bawana Road, Kanjhawala, Delhi.
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WHY TO CHOOSE LEGALTAX FOR MARRIAGE REGISTRATION?

Simplifying the process is easy with LEGALTAX. We make marriage registration quick, convenient, and hassle-free. All you need to do is provide your basic details and upload scanned copies of your documents. We will handle the application process on your behalf, and you’ll only need to appear on the day of solemnization for verification purposes. We go the extra mile to assist businesses in achieving their goals and always strive to offer the best services to our clients. If you have any questions or need help with the certification process, don’t hesitate to reach out to our experts.

FAQ’s

In ordinary marriages, the Certificate of Marriage must be submitted within fifteen (15) days after the marriage has been solemnized. For marriages that are exempt from the license requirement, the prescribed submission time is thirty (30) days, at the location where the marriage took place.

Yes, Condonation of delay: If the marriage is not registered within the prescribed period of 60 days, the marriage officer has the authority to condone the delay for an additional 60 days, subject to an extra fee of Rupees five hundred. After this period, the marriage can be registered.

The certificate provided by the Gurudwara will be valid, and there is no requirement for the marriage to be registered in court, as per the Registration of Births, Marriages, and Deaths Act, 1969.

Any person, regardless of religion—Hindus, Muslims, Buddhists, Sikhs, Christians, Parsis, or Jews—can marry under the Special Marriage Act, 1954. This Act is also used for inter-religion marriages.

The delivery time is three to four working days within Metro Manila. For addresses outside Metro Manila, delivery will take three to eight working days.

A certified copy is a replica of an original document, accompanied by an endorsement confirming that it is an accurate reproduction of the original.

The extract (short) certificate includes the child’s full name, gender, date of birth, and place of birth. The full certificate contains all the information from the extract certificate, along with the details of the parents.

To check the status of your marriage registration certificate online, you can follow the instructions provided in the link below:

https://www.india.gov.in/search-find-marriage-registration-data-and-apply-online-marriage-certificate

For Marriage Registration under the Hindu Act: You can apply at the office of the Sub-Divisional Magistrate in the jurisdiction where either the husband or wife resides, on any working day. Fill out the application form, which must be duly signed by both the husband and wife.

Yes, any person, such as a family member, family friend, colleague, or friend, can serve as a witness to a court marriage.

The criteria for determining child custody and support in a mutual consent divorce are primarily based on the best interests and welfare of the child. The court considers various factors, including:

  • The child’s age, gender, health, and personality.
  • The emotional attachment and relationship the child shares with each parent.
  • The educational, social, and cultural needs of the child.
  • The child’s preference, if they are mature enough to express it.

Based on these factors, the court may grant joint custody or sole custody to one parent. Additionally, the court may order one parent to pay child support to cover the child’s educational, healthcare, recreational, and other essential needs.

Yes, a petition for mutual consent can be withdrawn by either party at any stage before the final decree of divorce is granted by the court. However, once the final decree is passed, it cannot be withdrawn or challenged unless there is evidence of fraud or misrepresentation involved.

The procedure for filing an application for Mutual Divorce is as follows:

  1. The spouses must have been living separately for at least one year and must mutually agree to end their marriage.
  2. The spouses need to file a joint petition in the family court of their jurisdiction, along with an affidavit outlining the reasons for seeking divorce and the terms of settlement regarding alimony, child custody, maintenance, etc.
  3. The court will issue a notice to both parties and schedule a date for the first motion hearing, where the spouses must appear and confirm their consent for divorce.
  4. The court will then grant a six-month cooling-off period, during which the spouses can attempt reconciliation or withdraw their petition.
  5. After the cooling-off period expires, the spouses will need to file a second motion petition and appear before the court again to reaffirm their consent for divorce.
  6. Finally, the court will verify the documents and statements of the parties and pass a decree of divorce, formally dissolving the marriage.
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The waiting period before applying for a Mutual Divorce is one year of separation. The law mandates that the spouses must have been living separately for at least one year before they can file a joint petition for mutual consent divorce.

Mutual divorce in India is a type of divorce where both spouses agree to end their marriage amicably and peacefully, without any allegations or disputes. It is based on the principle that marriage is a contract between two consenting adults, and they have the right to terminate it if they are unhappy or incompatible. Mutual Divorce in India is governed by Section 13B of the Hindu Marriage Act, 1955, Section 28 of the Special Marriage Act, 1954, and Section 10A of the Indian Divorce Act, 1869.

The time taken to finalize a mutual consent divorce depends on various factors, such as the cooperation of the parties, the court’s workload, and compliance with legal formalities. However, it typically takes around six to eight months from the date of filing the first motion petition to obtain a decree of divorce from the court.

In a mutual divorce in India, the wife can claim various rights and reliefs, including:

  • Alimony: A lump sum or periodic payment made by one spouse to the other for maintenance and support after the divorce. The amount and duration of alimony depend on factors such as the income, assets, liabilities, needs, and lifestyle of both parties.
  • Child Custody: The legal right and responsibility to care for and make decisions regarding the minor children after divorce. Custody can be joint or sole, based on the child’s best interest and the parents’ agreement.
  • Child Support: A financial obligation on one parent to contribute to the expenses of raising and educating the minor children after divorce. The amount and frequency of child support depend on factors such as income, resources, needs, and the standard of living of both parents and the child.
  • Property Division: The distribution of marital assets and debts between the spouses after divorce. Property division can be based on mutual agreement or legal principles like community property or equitable distribution.

The quickest way to obtain a Mutual Divorce in India is to file a joint petition under Section 13B(2) of the Hindu Marriage Act, 1955, Section 28(2) of the Special Marriage Act, 1954, or Section 10A(2) of the Indian Divorce Act, 1869. These sections allow the spouses to waive the six-month cooling-off period and request an immediate decree of divorce from the court, provided they can prove they have been living separately for more than one year and have been unable to live together. However, this option is subject to the court’s discretion and may not be granted in every case.